The collaborative process is the gold standard for divorcing families. Use the collaborative process if you can. The collaborative process allows for flexible, creative solutions to a family law matter without the risk, trauma, and expense associated with going to court. It is a healthier option where the focus is on ascertaining a fair and workable resolution that meets the needs of all family members, including the children.
Each Spouse is Represented by a Lawyer
If you decide to use the collaborative process to get divorced, both spouses will be represented by his or her own lawyer. This means no one is "out-gunned" or left more exposed than the other. The lawyers are trained in the collaborative process and will handle your divorce with courtesy and dignity to all participants.
Creative Solutions that Foster Growth
The Collaborative process to divorce is a team-oriented alternative to litigation. Utah has adopted the Uniform Collaborative Law Act. If you and your spouse agree to use the collaborative process, a written agreement is entered into first. Then, court proceedings are "stayed" or put on pause while your team of collaborative professionals work with your family to explore options beyond the legal and courtroom frameworks. Clients are encouraged to focus on and assisted with reaching solutions that serve the best interests of the family. Because the family's best interests are the joint focus of a collaborative team, everyone's personal growth and development is fostered.
What is unique about collaborative divorce is that it uses a non-adversarial process that has been adopted by Utah Code. In other words, it is a legal, non-adversarial process! Once two spouses have entered into a collaborative participation agreement, a divorce proceeding is filed but litigation activities are stayed pending outcome of the collaborative process. Essentially, this means deadlines and obligations inherent with a ordinary adversarial legal proceeding are paused so that the parties can collaborate and work out their own resolution outside of court. It is 100% legitimate and it is probably the most ideal way for a family to deal with divorce.
To learn more about Collaborative Divorce or to talk to our attorney, schedule a consultation.